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(영문) 대구지방법원 서부지원 2020.04.24 2019고단2326
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

Nevertheless, on February 2019, the Defendant: (a) called “the Defendant was urged to obtain a loan by accumulating the results of the transaction from a person who assumes a false name as a pilot; (b) obtained a false transaction performance; (c) obtained a loan by raising credit rating; and (d) obtained a so-called “illegal work loan”; (c) obtained a loan from a lending company by deceiving the lending company by raising credit rating by creating a false transaction performance even though he/she could not obtain a loan with the Defendant’s credit; and (d) sent one physical card connected to the account under the name of the Defendant to the community credit cooperatives (D) and one post office account (E) in front of the Defendant’s office of the Defendant’s house in the Daegu-gu building B, Seogu, Daegu-gu, by sending one check card connected to the Defendant’s bank account (E).

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of A's account details to statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant has no record of punishment and confession and reflects, and that there

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